I hope you didn't miss Justice Thomas's concurring opinion (p.1845) in which he talks about partial incorporation of the EC "to advance, not constrain, individual liberty."
The voucher plan advances liberty by allowing economically-disadvantaged families more educational choices for their children. If the plan had been enjoined under the incorporated EC, it would have constrained the liberty of educational choice.
By the way, since racial minorities are most likely to be attending inner city public schools such as those in Cleveland, is it accurate to think of voucher programs sucah as that upheld in Zelman as civil rights laws designed to provide more equal educational opportunity?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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